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\ 

ELECTION LAW 


OF THE 


TEllRITOHY OF WASHIKOTON, 

PASSED BY THE 

LEGISLATIYE ASSEMBLY 


AT ITS 


THIRTEENTH REGULAR SESSION, 


BEGUN AND HELD AT THE CITY OP OLYMPIA, THE SEAT OP 
GOVERNMENT, ON MONDAY, DEC. 4, 1865. 



OLYMPIA: 

T. F. McELROY, PRINTER. 
18G6. 






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t 


ELECTION LAW 


OF THE 


TERRITORY OF WASHINGTON. 


AN ACT 

RELATING TO ELECTIONS AND THE MODE OF SUPPLYING VACANCIES. 

CHAPTER I. 

QUALIFICATION OF ELECTORS, AND HEREIN OF RESIDENCE. 

Sec. 1. ■ White American citizens over twenty-one years. 

American half-breeds holding donation claims, further quali¬ 
fication 

White males who have declared intentions, &c., &c. 

Further restriction of qualification. 

Officers and men connected with army and navy excluded. 
Proviso saving to citizens of Territory in service of the United 
States the elective franchise. 

2. Employment in service of the U. S. does not affect residence. 
Nor employment in navigation. 

Nor w'hile a student at academy or college. 

Nor confinement in asylum, county jail, &c. 

Conviction of infamous crime excepted. 

3. Idiots, insane and what convicts disfranchised. 

4. Absence from Territory on certain business does not affect 

residence. 

5. Conviction of infamous crime construed. 

Section 1. Be it enacted hy the liegislative AssemUy of the 
Territory of Washington^ That all white American citizens 



4 


ELECTION LAW. 


above the age of twenty-one years, and all American half-breeds 
over that age, who hold land under the donation law and who 
can read and write and have adopted the habits of the whites, 
and all other white males,inhabitants of this Territory, above that 
age, who shall have declared on oath their intention to become 
citizens and to support the Constitution of the United States, 
at least six months previous to the day of election, and who shall 
have resided six months in the Territory and thirty days in the 
county next preceding the day of election, and who have not 
borne arms against the United States of America, or given aid 
and comfort to its enemies, and none other shall be entitled to 
hold office or vote at any election in this Territory: Provided, 
That no officer, soldier, seaman or marine, in the army or navy 
of the United States, or attached to troops in the service of the 
United States, shall be allowed to vote at any election in this 
Territory; but this provision shall not apply to citizens of the 
Territory who may be attached to the service of the United 
States, either as officers or soldiers, seamen or marines, and shall 
be in the Territory at the time of election. 

Sec. 2. For the purpose of voting, no person shall be 
deemed to have gained or lost a residence by reason of his pres¬ 
ence or absence while employed in the service of the United 
States, nor while engaged in the navigation H the waters of this 
Territory, or of the United States, or of the high seas; nor while a 
student of any seminary of learning; nor while kept at any alms¬ 
house or other asylum; nor while confined in any public prison, 
excepting when serving out a sentence in the penitentiary for 
an infamous crime. 

Sec. 3. No idiot or insane person or persons convicted of 
an infamous crime shall be entitled to the privileges of an 
elector. 

Sec. 4. Absence from the Territory on business of the Ter¬ 
ritory, or of the United States, shall not affect the question of 
residence of any person. 

Sec. 5. A crime shall be deemed infamous which is pun¬ 
ishable by death or by imprisonment in the penitentiary. 


ELECTION LAW. 


5 


CHAPTER II. 

EEGISTERING VOTES. 

Sec. 1. Assessor to make list of legal voters, when. 

What assessment list shall contain. 

One list to be posted, one filed with Secretary of Territory. 

2. Duty of assessor in correcting such list, and_, herein of extra 

assessment. 

As to parties between 21 and 22 years of age. 

Saving clause for classes hereinbefore designated. 

3. Penalty of county assessor refusing to assess legal voters. 

Sec. 1. The county assessors of the respective counties, in¬ 
stead of the time named in an act entitled “ an act to amend an 
act entitled an act to provide for the assessing and collecting 
Territorial and county revenue,” approved January 21st,’1865, 
shall, on or before the twentieth day of April, of every year, 
make, or cause to be made, alphabetical lists of the legal voters 
in each precinct, noting those who shall have paid their poll-tax, 
and also those who may be exempt by reason of being over fifty 
years of age, which alphabetical lists shall be posted in each 
precinct at least twenty days before the election, and one copy 
of which shall be transmitted to the Secretary of the Territory, 
and be by him filed as the census of legal voters which county as¬ 
sessors are annually required by law to make. 

Sec. 2. County assessors, or those performing such duties 
under the law, shall attend at the office of the county auditor 
the week terminating twenty days before the election, for the 
purpose of correcting such assessment lists and adding thereto 
any names of legal voters who, from any cause, have been 
omitted therefrom, and the said extra assessment list alphabeti¬ 
cally arranged shall be posted in like manner with the assess¬ 
ment list, and no person shall be allowed to vote in any precinct 
except such persons as are borne upon one or the other of said 
assessment lists, or those who may be between twenty-one and 
twenty-two years of age, who shall be allowed to vote without 
paying poll-tax, if the judges are satisfied that they are in all 
other respects entitled to the elective franchise: Provided, That 


c 


ELECTION LAW. 


the foregoing section shall not be so construed as to exclude 
from voting certain classes designated and described in section 
two, chapter one, or persons engaged in the navigation of the 
Avaters of this Territory, or of the United States, or of the 
higli seas. 

Sec. 3. Any county assessor Avillfully failing to comply 
Avith the proAusions of this act by omitting to assess, or by pre¬ 
senting names not entitled to Amte, shall, upon conviction thereof, 
be fined in any sum not exceeding one thousand dollars nor less 
than fifty dollars. 


CHAPTER III. 

TIME OF HOLDING, AND MANNER OF CONDUCTING ELECTIONS. 

Sec. 1. Annual election on first Monday of June. 

2. Special elections may be held. 

3. What vacancies to be supplied at general election. 

4. The Governor to issue proclamation of election Avhen oflScer 

is yoted for by Territory at large. 

5. County auditors of senior counties to issue notice in joint 

districts. 

6. Notice by county auditor of general or special elections. 

Form of notice. 

Sec. 1. A general election shall be held in the seAmral elec¬ 
tion precincts in this Territory, on the first Monday of June in 
each year, at Avhich there shall be chosen all such officers as are by 
law entitled to be elected in such year, unless othei'Avise pro¬ 
vided for. 

Sec. 2. Special elections are such as are held to supply 
vacancies in any office, Avhether the same be filled by the vote 
of the qualified electors of the Territory, or any district, county 
or township, and may be held at such time as may be desig 
nated by the proper officer. 

Sec. 3. All vacancies Avliichare about to occur in an office, 
by the expiration of the full term thereof, shall be supplied at 
the general election. 

Sec. 4. It shall be the duty of the Governor, at least sixty 
days before any general election, to issue his proclamation des- 


ELECTION LAW. 


7 


ignating the offices to be filled by the Territory at large at such 
election, and to transmit a copy thereof to the county auditor of 
each county. 

Sec. 5. It shall be the duty of the county auditors of the 
senior counties, in any joint council or representative district, 
to issue to the county or counties composing said district, thirty 
days before any general election, notice designating the offices 
to be filled at each election by said district. 

Sec. 6 . It shall be the duty of the county auditor to give 
at least thirty days’ notice of any general election, and at least 
fifteen days previous to any special election, by posting, or caus¬ 
ing to be posted up at each place of holding election in the 
county a written notice thereof, said notice to be, as nearly as 
circumstances Avill admit, as follows : 

‘* Notice is hereby given, that on the first Monday, the — day 

of-next, at-in the-district or precinct of-in the 

county of-an election will be held for Territorial, county, 

town or district officers, (naming the offices to be filled, as the 
case may be,) which election will be opened at nine o’clock in 
the morning and will continue until six o’clock in the afternoon 
of the same day. 

Dated this-day of-A. D., 18 — . 

A. B., County Auditor.” 

^ CHAPTER lY. 

OF RESIGNATIONS AND VACANCIES, AND SUPPLYING VACANCIES. 

Sec. 1. What officers to resign to Governor. 

What officers to resign to county commissioners. 

All appointees, to the power making appointment. 

2. Contingencies creating vacancies. 

3. Governor to fill vacancy in office elected by Legislative 

Assembly. 

4. Governor may order special election. 

County auditor to give notice of special election. 

5. Special elections to fill vacancies in county or precinct office. 

6. Officer filling vacancy only serves out unexpired term. 

Sec. 1. Resignations shall be made as follows: 








8 


ELECTION LAW. 


By the Territorial officers, members of the Legislative Assem¬ 
bly, and by all other officers elected by the Legislature, to the 
Governor. 

By all county officers, to the county commissioners of their 
respective counties. 

By all other officers holding their offices by appointment, to 
the body, board or officer that appointed them. 

VACANCIES. 

Sec. 2. Every office shall become vacant on the happening 
of either of the following events before the expiration of the 
term of such officer: 

1. The death of the incumbent. 

2. His resignation. 

3. His removal. 

4. His ceasing to be an inhabitant of the district, county, 
town or village, for which he shall have been elected or ap¬ 
pointed, or within which the duties of his office are to be dis¬ 
charged. 

5. His conviction of an infamous crime, or of any offense 
involving a violation of his official oath. 

6. His refusal or neglect to take his oath of office, or to 
give or renew his official bond, or to deposit such oath or bond 
within the time prescribed by law. 

7. The decision of a competent tribunal declaring void his 

election or appointment. ^ 

8. Whenever a judgment shall be obtained against such 
officer for a breach of the condition of his official bond. 

SUPPLYING VACANCIES. 

Sec. 3. Whenever a vacancy shall occur, during the recess 
of the Legislature, in any office which the Legislature is author¬ 
ized to fill by election, the Governor of the Territory, until it is 
otherwise specially provided, may appoint some suitable person 
to perform the duties of such office, until the Legislature shall 
meet and elect some person to fill such office. 

Sec. 4. Whenever a special election is necessary to fill a 


ELECTION LAW. 


9 


vacancy in the office of delegate to Congress, Territorial coun¬ 
cil, house of representatives, or prosecuting attorney, the Gov¬ 
ernor shall issue his proclamation ordering such election, in like 
manner as Js provided in regard to general elections, and desig¬ 
nating also the time at which it is to be held; and the county 
auditor of each county in which such election is to be held, shall 
give notice thereof, as required in section six, chapter three of 
this act. 

Sec. 5. Whenever a special election is necessary to fill a 
vacancy in any county or precinct office, the board of county 
commissioners shall instruct the county auditor to issue an order 
for such election, designating the office or offices to be filled, and 
the time of holding the election, and shall publish the same in 
the manner required by section six, chapter three, of this act. 

Sec. 6 . Whenever any officer resigns his office before the 
expiration of his term, or the office becomes vacant from any 
other cause, and at a subsequent or special election such va¬ 
cancy is filled, the person so elected to fill such vacancy, shall 
not hold the office any longer than the original incumbent who 
resigned would have been entitled to hold the office. 


CHAPTER V. 

PLACES OF HOLDING ELECTIONS—INSPECTORS, JUDGES AND CLERKS 
OP ELECTION. 

Sec. 1. Precincts and places to hold elections to be fixed by county 
commissioners, when. 

2. Inspector and judges of election to be appointed by county 

commissioners, when. 

When voters of precinct may elect inspector and judges. 

3. Inspector and judges to appoint two clerks. 

4. Oath to be taken by inspector and judges. 

5. Form of oath of inspector. 

6. Form of oath of judge of election. 

7. Form of oath of clerk. 

8. County auditor to make copy of each of said oaths. 

Oath to be certified by person administering same. 

Oaths to be filed by county auditor with election returns. 


2 


10 


ELECTION LAW. 


Sec. 9. Inspector to be chairman af board. 

He may administer all necessary oaths. 

After polls opened, inspector may fill vacancy if judges or clerks 
refuse to serve. 

Sec. 1. It shall be the duty of the county commissioners, 
at their regular session held previous to the day of holding the 
general election, to divide their respective counties into pre¬ 
cincts, in such manner as they may deem most convenient for 
the population, and appoint a place for holding the elections 
therein. 

Sec. 2. It shall be the duty of the county commissioners, 
at their regular session held previous to the day of holding the 
general election, to appoint for each precinct, from the qualified 
electors of said precinct, one inspector and two judges, who 
shall constitute a board of judges of election. In case said 
board be not appointed for any precinct by the board of county 
commissioners, as specified in this section, or those appointed 
in accordance with this section shall not be present at the 
place designated by the county commissioners in a precinct for 
holding the polls, at the hour to open the polls, the electors pres¬ 
ent may appoint a board of judges for such precinct. 

Sec. 3. The inspector and judges for each precinct shall, 
before the time of opening the polls, appoint two suitable persons 
to act as clerks, who shall be qualified electors. 

Sec. 4. The inspector, judges and clerks aforesaid shall, 
before entering upon the duties of their offices, severally take 
and subscribe the oath or affirmation hereinafter directed, which 
shall be administered to them by any person authorized to ad¬ 
minister oaths; but if no such person be present, the inspector 
shall administer the same to the judges and clerks, and one of 
the judges shall administer the oath to the inspector. 

Sec. 5. The following shall be the form of the oath or 
affirmation to be taken by each inspector: 

‘T, (A. B.,) do swear (or affirm,) that I will duly attend to the 
ensuing election during the continuance thereof as an inspector, 
and that I will not receive any ticket or vote from any person, 
other thai/such as I shall firmly believe to be, according to the 


ELECTION LAW. 


11 




provisions of the laws of this Territory, entitled to vote at such 
election, without requiring such evidence of the right to vote as 
is directed by law; nor will I vexatiously delay or refuse to re¬ 
ceive any vote from any person who I shall believe to be enti¬ 
tled to vote as aforesaid; but that I will in all things truly, im¬ 
partially and faithfully perform my duty therein, to the best of my 
judgment and abilities, and that I am not directly nor indirectly 
interested in any bet or wager on the result of this election.’^ 

Sec. 6. The following shall be the oath or affirmation of 
each judge: 

“ We, (A. B.,) do-that we will as judges duly attend 

the ensuing election during the continuance thereof, and faith¬ 
fully assist the inspector in carrying on the same; that we will not 
give our consent that any vote or ticket shall be received from 
any person, other than such as we firmly believe to be, accord¬ 
ing to the provisions of the laws of the Territor}^ entitled to vote 
at such election; and that we will make a true and perfect re¬ 
turn of the said election, and will in all things truly, impar- 
partially and faithfully porform our duty respecting the same, to 
the best of our judgment and abilities; and that we are not di¬ 
rectly nor indirectly interested in any bet or wager on the result 
of this election.’’ 

Sec. 7. The following shall be the form of the oath or 
affirmation to be taken by the clerks, viz: 

“ We, and each of us (A. B.,) do-that we will impar¬ 

tially and truly write down the name of each elector who shall 
vote at the ensuing election, which shall be given us in charge, 
and also the name of the county and precinct wherein such 
elector resides; and carefully and truly write down the number 
of votes that shall be given for each candidate at the election, as 
often as his name shall be read to us by the inspector thereof, 
and in all things truly and faithfully perform our duty respect¬ 
ing the same, to the best of our judgment and abilities; and that 
we are not directly nor indirectly interested in any bet or wa¬ 
ger on the result of this election.” 

Sec. 8. It shall be the duty of the county auditor to make 
out one copy of each of the said oaths or affirmations for each 




12 


ELECTION LAW. 


election precinct, wliich shall be severally subscribed by the in¬ 
spector, judges and clerks, and the said oaths or affirmations 
shall be certified under the hand of the person by whom 
they shall be administered, and the said oaths or affirmations 
shall be placed with the election returns to be returned to the 
county auditor. 

Sec. 9. The inspector shall be chairman of the board, and 
after its organization, shafi have power to administer all neces¬ 
sary oaths which may be required in the progress of the election. 
He shall also have power to fill any vacancy that may occur in the 
board of judges, or by absence or refusal to serve of either of the 
clerks, after the polls shall have been opened. 


CHAPTER YI. 

OPENING OF THE POLLS—VOTING AND CHALLENGES. 

Sec. 1. Polls shall be opened at 9 A. M. and closed at 6 P. M. 

A recess of one hour may be taken. 

In sparsely settled precincts, polls may be opened later. 

2. Proclamation to be made of polls being open. 

3. Auditor to furnish inspector with two poll books five days 

before election. 

4. Voting shall be by ballot. 

Description of ballot. 

Inspector to pronounce audibly name of voter. 

On receiving ballot, inspector to deposit it in ballot box. 

5. Each clerk to enter name of voter on respective poll list. 

6. Challenging of person ofiering to 'S’bte. 

Duty of inspector and judges to challenge suspected persons. 

7. Duty of board when party is challenged. 

Oath to be administered. 

Questions to be propounded to party challenged. 

8. Challenged party refusing to swear, vote to be rejected. 

If judges not satisfied, to reject vote, 

9. Further proceedings if challenged party insists. 

Additional oath to be administered. 

Oath of identity, where naturalization is produced. 

10. When party challenging fails to traverse, vote admitted. 
Refusal to take oath, however, vote to be rejected. 


ELECTION LAW. 


13 


Sec. 11. When person is challenged, because convicted of infamous 
crime. 

Absence of record, two witnesses may prove conviction.. 

12. On closing polls, proclamation to be made. 

Sec. 1. At all elections the polls shall be opened at nine 
o’clock in the morning, and shall continue open until six o’clock 
in the evening, at which time the judges shall close the polls: 
JProvided^ That the judges of the election may take a recess of one 
hour at any time they may think proper during the day, before 
three o’clock in the afternoon: A^id provided further, That in 
sparsely settled precincts, whenever a sufficient number of quali¬ 
fied electors to constitute a board of election are not present at 
nine o’clock on the morning of the. day of election, it shall be 
lawful to open the polls as soon thereafter as a sufficient number 
arejpresent. 

Sec. 2. That the board of judges, before they commence 
receiving ballots, shall cause it to be proclaimed aloud, at the 
place of voting, that the polls are now open. 

Sec. 3. It shall be the duty of the auditors of the several 
counties to furnish the inspector of each election precinct with 
two poll books, at least five days before the time of holding the 
election. 

Sec. 4. The voting shall be by ballot. The ballot shall be 
a paper ticket, containing the names of the persons for whom the 
electors intend to vote, and designating the office to which each 
person so named is intended by him to be chosen. Whenever 
any person offers to vote, the inspector shall pronounce his name 
in an audible voice, and if there be no objections to the qualifi¬ 
cation of such person as an elector, he shall receive his ballot, 
and in the presence of the judges put the same, without being 
opened or examined, into the ballot box. 

Sec. 5. The name of each elector* whose ballot has been 
thus received, shall be immediately entered by each clerk in the 
column of his poll list, headed “names of voters,” numbering 
each name in the additional column as it is taken down, so that 
it may be seen at any time whether the two lists agree. 

Sec. 6. Any person offering to vote, may be challenged as 


14 


ELECTION LAW. 


unqualified by the inspector or either of the judges, or by any legal 
voter, and it shall in all cases be the duty of the inspector and 
each of the judges to challenge any person offering to vote, 
whom they shall know or suspect not to be duly qualified as an 
elector, or to have borne arms against the United States, or have 
given aid to its enemies. 

Sec. 7. When any person offering to vote is challenged, it 
shall be the duty of the board of judges to declare to him the 
qualifications of an elector, and the inspector, or one of the 
judges, shall tender him the following oath: 

“ You do swear or affirm, that you Avill truly and fully an¬ 
swer all the questions as shall be put to you, touching your 
place of residence and qualifications as an elector; and that you 
have never voluntarily borne arms against the United States 
since you have been a citizen thereof; that you have volunta¬ 
rily given no aid, countenance, council or encouragement to per¬ 
sons engaged in armed hostilities thereto; that you have neither 
sought nor accepted nor attempted to exercise the functions of 
any office whatever, under any authority, or pretended authority, 
in hostility to the United States; that you have not yielded a 
voluntary support to any pretended government, authority, 
power or constitution within the United States, hostile or inimi¬ 
cal thereto: And you do further -, That, to the best of your 

knowledge and ability, you will support and defend the Consti¬ 
tution of the United States against all enemies, foreign and do¬ 
mestic; that you will bear true faith and allegiance to the same; 
that you take this obligation freely, without any mental reserva¬ 
tion or purpose of evasion, so help you God.’’ 

The inspector, or one of the judges, shall then proceed to 
question the person challenged in relation to his name, his then 
place of residence, how long he has resided in the township and 
county, where his last place of residence was; also, as to his 
citizenship, and whether a native or naturalized citizen,and if the 
latter, when, where, in what court, or before what officer he was 
naturalized, and all such other questions as shall tend to test his 
qualifications as to citizenship and the right to vote. 

Sec. 8. If any person shall refuse to take the aforesaid 


ELECTION LAW. 


15 


oath when so tendered, or to answer any and all pertinent ques¬ 
tions as to his qualifications, his vote shall be rejected; and if 
the board of judges are satisfied from his answers as aforesaid, 
that such person is not a legal voter, they shall reject his vote. 

Sec. 9. If such person shall still insist that he is entitled 
to vote, and the board of judges find no cause to reject his vote 
under the preliminary examination, and the challenge shall not 
be withdrawn, he shall not be entitled to vote unless he takes 
the following oath, to be administered by the inspector or one 
of the judges, viz: 

“ You do swear (or affirm, as the case may be,) that you are 
n citizen of the United States, (or that you have declared your 
intention to become a citizen six months previous;) that you 
have resided in this Territory six months next preceding this 
election, and in this county thirty days, and that you have not 
voted this day.” 

And in case the person offering to vote produces a certified 
transcript of the record of a court of competent jurisdiction 
admitting him to citizenship, or certificate of declaration of citi- 
■zenship, duly attested by the clerk thereof, as evidence of his 
right to vote, and the person so producing the same is unknown 
to the board of judges, he shall make oath that he is the person? 
therein named. 

Sec. 10. If any person shall take the oath, as tendered 
him by the inspector or judges, and no evidence is ofiered to 
traverse the same, by the officer or party challenging, he shall 
be admitted to vote; but if he shall refuse to take the oath or 
affirmation so tendered to him, his vote shall be rejected. 

Sec. 11. If the vote of any person be challenged on. 
the ground that he has been convicted of an infamous crime* 
and shall remain unpardoned, or disfranchised by any court 
of competent jurisdiction, he shall not be required to an¬ 
swer any questions respecting such alleged conviction, and in 
the absence of any authenticated record of such fact, it may be 
competent for two disinterested witnesses, upon oath, to prove 
the same. 

Sec. 12. When the polls are closed, proclamation thereof 


16 


ELECTION LAW. 


sliall be made at the place of voting, and no votes shall be after' 
wards received. 


CHAPTER YII. 

COUNTING AND DECEIVING THE VOTES—DECLARING THE RESULT 
OF ELECTIONS, AND CERTIFICATES OF ELECTIONS. 

Sec. 1. Judges to count votes on afternoon of election day. 

Ballot box not to be removed till votes are counted. 

The counting to be public. 

Method of counting, duty of clerks, &c. 

Counting shall not be adjourned till completed. 

2. Two tickets folded together, both rejected. 

If more officers than to be elected voted for, all to be rejected. 
No ticket to be rejected for form, if the person voted for can be 
ascertained. 

3. Certificate to be prepared, and what to contain. 

Election returns, how made up, and sent by inspector to county 
auditor. 

4. Election returns to be delivered to county auditor, by whom. 

If by private hand, affidavit required, what affidavit shall 
contain. 

If sent by mail, duties of post master receiving it. 

Inspector to retain duplicate for at least six months. 

5. Election returns not to be rejected for want of . form, &c. 

6. County auditor to canvass returns on tenth day. 

What statement shall contain. 

Statement shall be filed in office of county auditor. 

7. Party receiving highest number of votes to be declared elected. 
County auditor to certify under seal of county. 

8. Probate judge to canvass returns and certify election of county 

auditor. 

9. Duty of county auditor in election of district officers. 

» Auditor of senior county to certify election of such district officer. 
Senior county auditor to transmit statements of district vote to 
Secretary of Territory. 

10. Senior county auditor to give certificate of election to district 

officer. 

When and how certificate to be authenticated. 

11. Duty of auditor in transmitting election returns to Secretary of 

Territory. 

Canvass of vote by Secretary. 


ELECTION LAW. 


17 


Sec. 11 . Statement by Seci’etary and Governor’s commission or certificate. 

12. County auditor to transmit abstract of votes for certain officers 

to Secretary of Territory. 

13. Defect or informality of returns, not sufficient cause for with¬ 

holding certificate of election. 

14. Certificate of post master to be obtained when election returns 

are transmitted by mail. 

15. In case of a tie vote, a special election shall be ordered. 

Sec. 1. As soon as the polls are closed, on the afternoon 
of the day of election, the judges shall open the ballot box and 
commence counting the votes, and in no case shall the ballot 
box be removed from the room in which any election may be 
held, until all the ballots are counted. The counting of ballots 
shall in all cases be public. The ballots shall be taken out care¬ 
fully, one by one, by the inspector or one of the judges, who shall 
open them and read aloud the name of each person contained 
therein, and the office for which every such person is voted for. 
Each clerk shall write down each office to be filled and the 
name of each person voted for for such office, and shall keep 
the number of votes by tallies as they are read aloud by the in¬ 
spector or judge. The counting of the votes shall be continued 
without adjournment until all are counted. 

Sec. 2. If two tickets are found folded together, they shall 
both be rejected, and if more persons are designated on any ticket 
for any office than are to be elected to such office, such part of 
the ticket shall not be counted for any of them, but no ticket 
shall be lost for want of form, if the board of judges can deter¬ 
mine to their satisfaction the person voted for and the office 
intended. 

Sec. 3. As soon as all the votes are read off and counted, 
a certificate shall be drawn up on each of the papers containing 
the poll list and tallies, or attached thereto, stating the number 
of votes each person voted for has received, and designating the 
office to fill which he was voted for, which number shall be 
written in words at full length. Each certificate shall be signed 
by the clerks, the judges and inspector. One of said certificates, 
with poll list and tally paper, oath of inspector, judges and 
clerks, shall be sealed up by the inspector and endorsed “ elec- 

3 


18 


ELECTION LAW. 


tion returns/’ and be directed or sent by the inspector to the 
county auditor of the county in which the election is held. 

Sec. 4. The said package shall be delivered to the county 
auditor by one of the judges or clerks of the election^ in person, 
or may be sent by private hand or by mail. If sent by private 
hand, the. person delivering it shall, before the county auditor, 
take and subscribe an affidavit that the package was delivered 
to him by one of the judges, (naming him); that it has not been 
out of his possession since it was received, and has undergone 
no alteration while in his possession. The affidavit shall be en¬ 
dorsed on the package. If sent by mail, it shall be mailed by 
one of the judges, and the post master shall make on it an en¬ 
dorsement that he received it from one of the judges, (naming 
him.) The other of said certificates, with the poll list and tally 
papers, oath of judges, inspector and clerks, together with the 
ballots, shall be retained by the inspector and preserved by him 
at least six months. 

Sec. 5. No tally papers, poll list or certificate, returned 
from any election shall be set aside or rejected for want of form, 
nor on account of its not being strictly in accordance with the 
directions of this act, if the same can be satisfactorily understood. 

Sec. 6. On the tenth day after the da;^ of each election, or 
as soon as he shall have received the returns from each precinct of 
the county, if he receive them within that time, the county auditor 
shall proceed to estimate the vote of the county or precinct, a 
statement of which shall be drawn up and signed by him. The 
statement shall contain the names of the persons voted for; the 
office to fill which each person was voted for; the number of votes 
given at each precinct to each of such persons, and the number of 
votes given to each in the county; and the same shall be filed,, 
together with the returns from each precinct, in the office of the 
county auditor. 

Sec. 7. The person having the highest number of votes 
given for each office to be filled by the voters of a single county 
or of a precinct, shall be declared elected, and the county 
auditor shall immediately make out and deliver or send to him 


ELECTION LAW. 


19 


a certificate of election signed by said auditor and authenticated 
by the seal of the count3\ 

Sec. 8. When a county auditor is to be elected, the pro¬ 
bate judge shall examine the returns so soon as the}^ are filed, 
and issue to the person chosen a certificate of election in the 
form prescribed in the preceding section. 

Sec. 9. When there are officers voted for who are to be 
chosen by the electors of a district composed of two or more 
counties, it shall be the duty of each of the county auditors of 
the counties composing such district, immediately after making 
out the statement specified in the sixth section of this chapter, 
to extract therefrom so much as relates to the election of such 
officers, and certify under his hand and the seal of the county 
that such extract contains a full statement of all the votes given 
for district officer as returned to him, and without delay trans¬ 
mit the same to the county auditor of the senior of the counties 
composing such district. The said county auditor shall compare 
the returns, make up a statement of the vote of the district for 
such officers, and file the same, together with the returns from 
the other counties, in like manner as is prescribed in section six 
of this chapter. He shall also make out and transmit to the Sec¬ 
retary of the Territory such statement of the votes of the dis¬ 
trict, signed b}^ him officially and authenticated with the seal of 
the county. 

Sec. 10. The county auditor to whom the election returns 
of a district are made, shall on the twentieth day after the day 
of election, or so soon as the result is ascertained, if within that 
time all of such statements are received, make out and deliver 
or send to each person chosen to any such office, a certificate of 
election under his hand and the seal of the county. 

Sec. 11. When there are other officers voted for who are 
chosen by the qualified voters of this Territory, it shall be the 
duty of each county auditor, so soon as the statement of the 
vote of his county is made out, as required in section six of this 
chapter, to copy therefrom so much as relates to the vote given 
for such officer, certify to the correctness thereof under his hand 
and the seal of the county, and transmit the same to the Secre- 


20 


ELECTION LAW. 


tary of the Territory, endorsing on the package the words 
“ election returns.’^ On the thirtieth day after the day of elec¬ 
tion, or so soon as the returns shall have been received from all 
the counties of the Territory, if received within that time, the 
Secretary of the Territory shall compare and estimate the vote 
and make out and file in his office a statement thereof, a copy of 
which shall be transmitted to the Governor. Upon this state¬ 
ment the commission or certificate shall issue. 

Sec. 12. That it shall be and is hereby made the duty of 
the county auditor in each county of this Territory, to immedi¬ 
ately after making abstracts of the vote given in his county at 
any general or special election for members of the Legislature, 
county. Territorial or district officers, delegate to Congress, to 
transmit by mail a certified copy of said abstract to the Sec¬ 
retary of the Territory at the seat of government. 

Sec. 13. No certificate shall be withheld on account of any 
defect or informality in the returns of any election, if it can with 
reasonable certainty be ascertained from such return what office 
is intended and who is entitled to such certificate, nor shall any 
commission be withheld by the Governor on account of any 
defect or informality of any return made to the office of the Sec¬ 
retary of the Territory. 

Sec. 14. Whenever returns are required to be transmitted 
by one county auditor to another, or by the county auditor to the 
Secretary of the Territory, it shall be the duty of the county audi¬ 
tor to deliver the same to some post master of the count}^ at the 
post office, to be transmitted by mail, taking from such post 
master, if it can be obtained, a certificate setting forth the time 
when such returns were deposited in the post office, which cer¬ 
tificate the auditor shall file with the returns. 

Sec. 15. If at any election to fill any office, two or more 
persons receive the highest and an equal number of votes, it 
shall be declared that there is no choice, and a special election 
to fill such office shall be ordered by the proper officer. 


ELECTION LAW. 


21 


CHAPTER YIII. 

CONTESTING ELECTIONS OTHER THAN MEMBERS OF THE LEGISLATURE 
OR DELEGATE TO CONGRESS. 

Sec. 1. Any elector in county may contest election of county officer. 

Any elector in precinct may contest election of precinct officer. 
Causes of contest. 

2. AYhen mal-conduct of judges will set aside election. 

3. In contests for mal-conduct of judges, when precincts shall be 

rejected. 

4. To set aside election on grounds of illegal votes, what must 

appear. 

All illegal votes first to be deducted. 

6 . No person but a qualified elector of district, county or precinct 
competent to contest. 

6. Statement of contest to be filed with county auditor, W'hen. 
Requisites of such statement. 

6. Statement to be verified by affidavit. 

7. Sufficiency of allegations of illegal votes. 

Notice of names of illegal voters to be delivered three days 
before trial. 

Contestant cannot prove illegal votes not specified in said notice. 

8. Contest shall not be dismissed for want of form. 

Cause of contest to be alleged with sufficient certainty to be 
understood. 

9. County auditor to advise probate judge. 

Notice of special terra of probate court to try contest. 

10. Clerk of probate court to issue citation. 

Citation how served. 

11. Subpoenas to witnesses; attendance may be enforced by 

attachment. 

12. Procedure and practice in contested elections. 

13. The court to declare the officer elected who has the highest 

number of votes. 

14. Fees of officers of probate court in such cases. 

15. When costs shall be adjudged against contestant. 

16. When costs shall be in favor of contestant. 

17. Each party liable for the costs by himself created; how collected. 

18. Appeals to district court. 

19. If probate court set aside election, and no appeal taken, office 

becomes vacant. 




ELECTION LAW. 


Sec. 20. Contested election for probate judge, to be tried by county 
commissioners. 

21. Contested election for prosecuting attorney to be tried by 
district court. 

Sec. 1. Any elector of the proper county may contest the 
right of any person declared duly elected to an office to be ex¬ 
ercised in and for such county; and also any elector of a pre¬ 
cinct may contest the right of any person declared duly elected 
to any office in and for such precinct, for any of the following 
causes: 

1. For mal-conduct on the part of the board of judges, or 
an}^ member thereof. 

2. When the person whose right to office is contested was 
not, at the time of the election, eligible to such office. 

3. When the person whose right is contested shall have 
been previous to such election convicted of an infamous crime 
by* any court of competent jurisdiction, such conviction not 
having been reversed nor such person relieved from the legal 
infamy of such conviction. 

4. When the person whose right is contested has given to 
any elector or inspector, judge or clerk of the election any bribe 
or reward, or shall have offered any such bribe or reward for the 
purpose of procuring his election. 

5. On account of illegal votes. 

Sec. 2. No irregularity or improper conduct in the pro¬ 
ceedings of the board of judges, or any one of them, shall be 
construed to amount to such mal-conduct as to annul or set aside 
any election, unless the irregularity or improper conduct shall 
have been such as to procure the person whose right to the 
office may be contested, to be declared duly elected when he 
had not received the highest number of legal votes. 

Sec. 3. When any election held for an office exercised in 
and for a county is contested on account of any mal-conduct on 
the part of the board of judges of any precinct election, or any 
member thereof, the election shall not be annulled and set aside 
upon any proof thereof, unless the rejection of the vote of such 


ELECTION LAW. 


9^ 


precinct or precincts slmll change the result as to such office in 
the remaining vote of the county. 

Sec. 4. Nothing in the fifth ground of contest specified 
in section one of this chapter, shall be so construed as to au¬ 
thorize an election to be set aside on account of illegal votes,, 
unless it shall appear that an amount of illegal votes has been 
given to the person whose right to the office is contested, which 
if taken from him would reduce the number of his legal votes 
below the number of votes given to some other person for the 
same office, after deducting therefrom the illegal votes which 
may be shown to have been given to such other person. 

Sec. 5. No person shall be competent to contest any elec¬ 
tion unless he is a qualified elector of the district, county or pre¬ 
cinct, as the case may be, in which the office is to- be exercised. 

Sec. 6 . When any such elector shall choose to contest the 
right of any person declared duly elected to such office, he shall 
within ten days after such person shall have been declared 
elected to such office, file with the county auditor a written 
statement setting forth specifically: 

1. The name of the party contesting such election, and 
that he is a qualified elector of the district, county or precinct, 
as the case may be, in which such election was held. 

2. The name of the person whose right to the office 
is contested. 

3. The office. 

4. The particular cause or causes of such contest, whichi 
statement shall be verified by the affidavit of the contesting 
part}^ that the matters and things therein contained are true^ 
as be verily believes. 

Sec. 7. When the reception of illegal votes is alleged a» 
a cause of contest, it shall be sufficient to state, generally, that 
illegal votes were cast, which, if given to the person whose elec¬ 
tion is contested in the specified precinct or precincts, will, if 
taken from him, reduce the number of his legal votes below tho 
number of legal votes given to some other person for the same 
office; but no testimony shall be received of any illegal votes,, 
unles the party contesting such election shall deliver to the op- 


24 


ELECTION LAW. 


posite party, at least three days before such trial, a written list 
of the number of illegal votes and by whom given, which he 
intends to prove on such trial, and no testimony shall be receiv¬ 
ed of any illegal votes, except such as are specified in such list. 

Sec. 8. No statement of the cause of contest shall be re¬ 
jected, nor the proceedings thereon dismissed by any court 
before which such contest may be brought for trial for want of 
form, if the particular cause or causes of contest shall be alleged 
with such certainty as will sufficiently advise the defendant of 
the particular proceedings or cause for which such election is 
contested. 

Sec. 9. Upon such statement being filed, it shall be the 
duty of the county auditor to inform the judge of probate court, 
who shall give notice and order a special term of said court, to 
be held at the court house of the proper county on some day 
to be named by him, not less than ten nor more than twenty 
days from the date of such notice, to hear and determinejsuch 
contested election. 

Sec. 10. The clerk of said court shall also at the time 
issue a citation for the person whose right to the office is con¬ 
tested, to appear at the time and place specified in said notice, 
which citation shall be delivered to the sheriff or constable and 
be served upon the party in person, or if he cannot be found, 
by leaving a copy thereof at the house where he last resided. 

Sec. 11. The said clerk shall issue subpoenas for witnesses 
in such contested election, at the request of either party, which 
shall be served by the sheriff or constable as other subpoenas, 
and the probate court shall have full power to issue attachments 
to compel the attendance of witnesses who shall have been 
duly subpoenaed to attend, if they fiiil to do so. 

Sec. 12. Said court shall meet at the time and place des¬ 
ignated, to determine such contested election by the rules of 
law and evidence governing the determination of questions of law 
and fact, so far as the same may be applicable, and may dismiss 
the proceedings if the statement of the cause or causes of con¬ 
test is insufficient, or for want of prosecution. After hearing the 
proofs and allegations of the parties, the court shall pronounce 
judgment in the premises, either confirming or annulling and 


ELECTION LAW. 


25 


setting aside sucli election, according to tlie law and right of the 
case. 

Sec. 13. If in any such case it shall appear that another 
person than the one returned, has the highest number of legal 
votes, said court shall declare such person duly elected. 

Sec. 14. The judge, clerk, sheritf or constable and wit¬ 
nesses, shall receive respectively the same fees from the party 
against whom judgment is given, as are allowed for similar 
services in the district court. 

Sec. 15. If the proceedings are dismissed for insufficiency, 
want of prosecution, or the election is by the court contirmed, 
judgment shall be rendered against the party contesting such 
election for costs in favor of the party whose election was con¬ 
tested. 

Sec. 16. If such election is annulled and set aside, judg¬ 
ment for costs shall be rendered against the party whose elec¬ 
tion was contested, in favor of the party contesting the same. 

Sec. 17. Each party shall be liable for the costs created by 
himself, to the officers and witnesses entitled thereto, which may 
be collected in the same manner in which similar costs are col¬ 
lected in the district court. 

Sec. 18. Either party feeling himself aggrieved by the 
judgment of said court, may appeal therefrom to the proper dis¬ 
trict court, as in other cases of appeal thereto. 

Sec. 19. Whenever an election shall be annulled and set 
aside by the judgment of the probate court, when no appeal has 
been taken thereupon within ten days, such certificate or com¬ 
mission, if any has been issued, shall be thereby rendered void, 
and the office become vacant. 

Sec. 20. In case of any contest in regard to any election 
to fill the office of probate judge, such contest shall be tried in 
like manner by the board of county commissioners. 

contesting election of prosecuting attorney. 

Sec. 21. In case of any contest in regard to any election 
to fill the office of district prosecuting attorney, such contest 
shall be tried in like manner by the district court. 

4 


26 


ELECTION LAW. 


CHxVPTER IX. 

CONTESTING ELECTION FOR MEMEBERg OF THE LEGISLATURE. 

Sec. 1. AVho may contest election of members of Legislative Assembly. 

2. Contestant to file statement with clerk of district court, when. 
What statement shall contain; to be verified by affidavit. 

3. Clerk to issue commission to two justices of the peace to take 

depositions. 

4. Notice of contest, &c., to be served upon party whose right 

contested. 

Hequisites of, how and Avhen served. 

5. Sheriff to return notice to clerk; fees of sheriff. 

6. Of procuring attendance of witnesses by justices of the peace. 

7. Of the taking of depositions of Avitnesses, hoAV certified, &c. 

8. Justices may adjourn from day to day. 

Return of depositions to clerk. 

9. Clerk may appoint another justice if either fail to serve. 

10. Fees of sheriff and justices of the peace in such cases, 

11. Clerk to foi'Avard depositions and proceedings to Secretary of the 

Territory. 

12. Duty of Secretary in contested elections. 

13. Respective houses to try contested elections. 

14. After notice of contest is given, depositions may be taken by 

either party. 

To be subject to same rules as depositions to be used in district 
court. 

Said depositions to be certified and returned to Secretary of the 
Territory. 

15. Legislature may issue commissions to take depositions, or may 

send for and examine Avitriesses. 

Sec. 1. The right of any person declared dnly elected to 
a seat in the council or house of representatives, may be con¬ 
tested by any qualified voter of the county or district to be rep¬ 
resented by such councilman or representative. 

Sec. 2. The person contesting such election, shall within 
twenty days after the issue of the certificate of election, file with 
the clerk of the district court of the district in which the alleged 
cause or causes of contest originated, a concise statement of the 
grounds on which he intends to rely, verified by affidavit. 


ELECTION LAW. 


27 


Sec. 3. Immediately on the filing of such statement in the 
derives office, the said clerk shall issue a commission directed to 
two justices of the peace in the contestant’s district, to meet at 
such time and place as shall be specified in such commission, not 
less than twenty nor more than thirty days from the time of 
issuing the same, for the purpose of taking the depositions of such 
witnesses as the parties to such contest may wish to examine. 

Sec. 4. Written notice of such contest, specifying the 
time and place of taking depositions, and before whom, to be 
taken, and a copy of the statement certified by the clerk of said 
court, shall be delivered to the person whose election is con¬ 
tested, or if he cannot be found, it shall be left at the house 
where he last resided, by the sheriff of the county in which such 
person claims his residence, within ten days after such state¬ 
ment shall have been filed in the clerk’s office. 

Sec. 5. The sherift' into whose hands such notice and cer¬ 
tified copy may come, shall make due service thereof, and shall 
return to the proper clerk a certified copy of such notice, with 
the manner and time of service endorsed thereon, for which 
he shall be entitled to receive from the party contesting such 
election, the same fees for service and mileage as are allowed in 
the district court for service of original writs. 

Sec. 6. Either of said justices of the peace shall have 
power at any time to issue subpoenas for witnesses, at the re¬ 
quest of either party, to be served by the sheriff as other sub¬ 
poenas, and such justices when met at the time and place ap¬ 
pointed to take such deposition, shall have the same power to 
issue attachments and assess fines against witnesses, as is given 
to justices of the peace in the trial of suits instituted before 
them. 

Sec. 7. Said justices of the peace shall meet at the time 
and place appointed, to take the depositions of witnesses pro¬ 
duced by the parties, which shall be reduced to writing by said 
justices, and sworn to and subscribed by said witnesses respect¬ 
ively, and duly certified by said justices as depositions are in 
other cases, noting in the caption of each deposition by which 
party the witness was called. 


28 


ELECTION LIW. 


Sec. 8. Said justices may continue said examination from 
day to day, if the business shall require it, and when the same 
is closed, they shall deliver the depositions taken before them, 
together with their said commissions, to the clerk of the district 
court by whom the same was issued. 

Sec. 9. If at any time either of the said justices shall 
become unable to proceed in such examination, said clerk may 
supply the vacancy by designating any other justice of the 
peace of the district in the place of such justice. 

Sec. 10. The sheriff, for the service of such subpcena, and 
the justice for issuing the same and taking the depositions, shall 
receive from the party at whose instance such services are per¬ 
formed, the same fees as are allowed them for similar services in 
other cases. 

Sec. 11. It shall be the duty of said clerk to seal up such 
depositions, together with the original statements of the grounds 
of such contest, and the copy of the notice served upon the 
party whose right is contested, and the commission issued to the 
justices of the peace, and transmit the same, by mail, to the Sec¬ 
retary of the Territory, endorsing thereon the names of the con¬ 
testing parties, and the branch of the Legislature before which 
such contest is to be tried. 

Sec. 12 . It shall be the duty of the Secretary of the Ter¬ 
ritory to deliver the same, unopened, to the presiding officer of 
the house in which such contest is to be tried, on or before the 
second day of the session of the Legislature next after taking 
such deposition, and such presiding officer shall immediately 
give notice to said house that said papers are in his possession. 

Sec. 13. Each house of the Legislature is the judge of the 
qualifications and election of its members, and shall try all con¬ 
tested elections of its members in such manner as it may direct. 

Sec. H. At any time after notice of any contest shall 
be given, and before the trial of such contested election before 
the proper branch of the Legislature, it may be lawful for either 
party to such contest to take depositions to be read on the trial 
thereof, in like manner and under the same rules as are allowed 
and required in the cases of depositions to be read on any trial 


ELECTION LAW. 


29 


pending in the district court, and such deposition when thus 
taken shall be sealed up by the officer taking the same, and 
directed to the Secretary of the Territory, who shall keep the 
same, unopened, and deliver them to the presiding officer of the 
house in which such contest is to be tried, to be disposed of by 
such officer as the depositions specified in the preceding section 
of this article. 

Sec. 15. Nothing contained in this article shall be so con¬ 
strued as to abridge the right of either branch of the Legis- 
islature trying any contested election, from granting commis¬ 
sions to take testimony, or from sending for and examining, before 
such branch, any witnesses it may desire to hear on such trial. 

CHAPTER X. 

PENALTY FOR MISCONDUCT AT ELECTIONS AND FOR VIOLATION OF 
CERTAIN PROVISIONS OP THIS ACT—AND HEREIN OF COMPEN¬ 
SATION OF OFFICERS CONDUCTING ELECTIONS. 

Sec. 1. Threats, menace or force to influence voter, fine. 

2. Furnishing a ticket falsely representing names thereon to person 

who cannot read, fine. 

3. Deceiving an elector and causing him to vote differently from 

intention, fine. 

4. Fraudulent voting or attempting to vote, fine. 

5. Voting or attempting to vote more than once, fine. 

6. Officer of election inducing elector to vote, fine. 

7. Officer of election attempting to pry into ballot, &c., fine. 

Officer of election disclosing a ballot by him illegally ascer¬ 
tained, fine. 

8. Malfeasance or misfeasance of officers named in this act. 

9. Secretary of Territory to notify prosecuting attorney of county 

auditor failing to return abstracts, &c. 

Certificate of Secretary presumptive evidence of such reported 
failure. 

10. Prosecuting attorney to present parties violating this act. 

11. Special provisions as to mode of election, appointment of officers 

and precincts may -be made by law. 

12. Fees of officers conducting and connected with elections. 

13. Repealing clause. 


30 


ELECTION LAW. 


Sec. 1. If any person shall direct! 3 " or indirectly, use any 
threat, menace or force, or any corrupt measure or device, at or 
previous to any election held pursuant to this act, towards any 
elector, or hinder or deter him from voting at such election, or 
shall attempt by any means whatever, to awe, restrain, hinder 
or disturb any elector in the free exercise of the right of suf¬ 
frage, he shall, upon conviction thereof, be fined in any sum not 
exceeding five hundred dollars. 

Sec. 2 . If any person shall furnish any elector wishing to 
vote at any election held pursuant to the provisions of this act, 
who cannot read, with a ticket, such person informing or giving 
such elector to understand that it contains a name or names, 
written or printed thereon, different from the name or names 
which are written or printed thereon, such person shall, upon 
conviction thereof, be fined in any sum not less than fifty nor 
more than five hundred dollars. 

Sec. 3. If any person shall defraud any elector at any 
such election b\' deceiving and causing him to vote for a differ¬ 
ent person for any office than such elector desired or intended 
to vote for, or shall fraudulently attempt to deceive and cause 
such elector thus to vote for a different person for any office 
than he intended and desired to vote for, such person upon con¬ 
viction thereof shall be fined in any sum not less than fift}^ nor 
more than five hundred dollars. 

Sec. 4. If any person not having the legal qualifications 
of an elector shall fraudulently vote, or shall fraudulently at¬ 
tempt to vote, at any election, such person, upon conviction 
thereof, shall be fined in any sum not less than twenty nor more 
two hundred dollars. 

Sec. 5. If any person shall vote more than once at any 
election, or shall attempt to vote more than once at the same 
election, he shall, on conviction thereof, be fined in any sum not 
exceeding five hundred dollars. 

Sec. 6 . If any inspector, judge or clerk of election, Avhile 
acting as such, shall induce or attempt to induce any elector, 
either by menace or reward or promise thereof, to vote differ¬ 
ently from what such elector shall intend or desire to vote, such 


ELECTION LAW. 


31 


person so offending shall, npon conviction thereof, be fined in 
any sum not less than fifty nor more than five hundred dollars. 

Sec. 7. If any inspector, judge or clerk of any election, 
shall, previous to putting the ballot of any elector in the ballot 
box, attempt to pry into or find out an}" name or names on such 
ballot which shall have been handed in by said elector in a 
folded form, or if any inspector, judge or clerk of any election 
shall open or suffer the folded ballot of any elector which has 
been handed in to the board of judges by any elector, with the 
view to ascertain the name of any person or persons for whom 
such elector shall have voted at any such election, or if any in¬ 
spector, judge or clerk of an election, without the consent of the 
elector, shall disclose the name of any person or persons which 
such inspector, judge or clerk shall have fraudulently or illegally 
discovered to have been voted for by such elector at any elec¬ 
tion, every such inspector, judge or clerk of an election so 
offending, upon conviction thereof, shall be fined in any sum not 
less than fifty nor more than five hundred dollars. 

Sec. 8. If the Secretary of the Territory or any inspector, 
judge, board of judges, board of county commissioners, judge of 
probate, clerk of district court, county auditor, clerk of pro¬ 
bate court, or clerk of election, on whom any duty is enjoined 
by this act, shall be guilty of any willful neglect of such duty, 
or of any fraudulent or corrupt conduct in the execution of ar^ 
such duty, he or they so offending shall, on conviction thereof, be 
fined in any sum not exceeding two thousand dollars, to which 
may be added imprisonment in the county jail not exceeding 
one year. 

Sec. 9. It is hereby made the duty of the Secretary of the 
Territory, after the expiration of thirty days from and after 
each election for delegate to Congress, to certify to the proper 
prosecuting attorneys any and all failures and omissions of the^ 
county auditors in their respective districts to comply with the 
provisions of this act, in returning or certifying the returns or 
certificates of any such election to the office of the Secretary of 
the Territory, and every such certificate of the Secretary of the 
Territory shall be sufficient presumptiv^e evidence of any such 


32 


ELECTION LAW. 


failure or omission herein specified on the part of the said county 
auditor, in any trial or indictment against him therefor. 

Sec. 10. It shall be the duty of the prosecuting attorney 
of each district to present all violations of the provisions of this 
act, which may come to his knowledge, to the special considera¬ 
tion of the proper grand jury. 

Sec. 11. Special provisions may be made by law pre¬ 
scribing the mode of calling elections, of appointing the officers 
thereof, and of designating election precincts otherwise than as 
provided in this act. 

Sec. 12. In all general or special Territorial or county 
elections hereafter legally held in this Territory, there shall be 
audited and paid to officers of the same, out of the county treas¬ 
ury, in the same manner as other county charges are paid, the 
following per diem allowance: To the inspector, judges and clerks 
of an election, three dollars per day; the person carrying the re¬ 
turns to the county auditor shall be entitled to and receive three 
dollars, and such mileage as the sheriffs are allowed. 

Sec. 13. All acts or parts of acts conflicting with the pro¬ 
visions of this act are hereby repealed. 

Passed the House of Representatives January 18, 1866. 

EDWARD ELDRIDGE, 

Spealcer of the House of Representatives, 

Passed the Council January 19, 1866. 

HARVEY K. HINES, 

President of the Council. 

Approved January 23, 1866. 

WILLIAM PICKERING, 

Governor of the Territory of Washington, 


API'OIITIOXMKNT IjAW. 


o o 
00 


AN ACT 

TO ArrORTlON THE KEriiESENTATlON OF WASIIIXGTOX TEKUITOUY IN 
THE LEGISLATIVE ASSEMHLY. 

Sec. 1. Council districts designated. 

2. House apportionment fixed. 

3. Repealing previous laws. 

4. Act to take effect. 

• 

Section 1. Be it enacted hy the Legislative Assemhhj of the 
Territory of Washington^ That the apportionment of the Legis¬ 
lative Assembly shall be as follows in the council, to-wit: 

The county of Walla-walla shall be entitled to elect one 
councilman, to be elected in 1867. 

The counties of Walla-walla and Stevens shall be entitled to 
elect one joint councilman, to be elected in 1866. 

The counties of Clark, Clickitat and Yakima shall be enti¬ 
tled to elect one joint councilman, to be elected in 1868. 

The counties of Clarke, Cowlitz, Wahkiakum and Pacific 
shall be entitled to elect one joint councilman, to be elected in 
1868. 

The counties of Thurston and Lewis sh.all be entitled to 
elect one joint councilman, to be elected in 1868. 

The counties of Pierce, Mason and Chehalis shall be en¬ 
titled to elect one joint councilman, to be elected in 1867. 

The counties of King and Kitsap shall bo entitled to elect 
one joint councilman, to be elected in 1866. 

The counties of Snohomish, Island and Whatcom shall be 
entitled to elect one joint councilman, to be elected in 1867. 

The counties of Jefferson and Claim shall be entitled to 
elect one joint councilman, to be elected in 1866. 

Sec. 2. The apportionment of representatives in the house 
shall be as follows: 

The county of Walla-walla shall be entitled to elect five 
members. 

The county of Stevens one. 

5 


‘f {; f 

34 


APPORTIONMENT LAW. 


The county of Clarke three. 

The counties of Clickitat and Yakima one. 

The counties of Cowlitz and Wahkiakum one. 

The county of Pacific one. 

The county of Chehalis one. 

The county of Mason one. 

The county of Lewis one. 

The county of Thurston three. 

The county of Pier»e two. 

The county of King two. 

The county of Snohomish one. 

The county of Kitsap two. 

The county of Jefferson two. 

The county of Claim one. 

The county of Island one. 

The county of Whatcom one. 

Sec. 3. All acts or parts of acts inconsistent with this act, 
be and the same are hereby repealed. 

Sec. 4. This act to take effect and be in force from and 
after its passage. 

Passed the House of Representatives January 8, 1866. 

EDWARD ELDRIDGE, 

Speaker of the House of JRepresentatives, 
Passed the Council January 16, 1866. 

HARVEY K. HINES, 

President of the Council, 

Approved January 22, 1866. 

WILLIAM PICKERING, 

Governor of the Territory of Washington. 





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